What are the elements of differential association?

If my condo unit was damaged by two shared common elements (pipes) and the home owners' association opened two claims on the master policy with a $10,000 deductible each, who pays the deductible?

  • Answer:

    One would need to know more facts to provide a definitive answer. That said, based on the limited information provided, it appears that the damage was caused by failures in a common area rather than inĀ  your unit. Accordingly, whoever is responsible for the common areas (presumably the HOA) is responsible for repairing your unit and has to worry about insurance claims and deductibles. Those are not your concern.This answer is not a substitute for professional legal advice....

Dana H. Shultz at Quora Visit the source

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Other answers

My layman's view. Party A suffered damage because of stuff done by Party B. Party B pays. The fact that PartyB has full insurance / no insurance / partial insurance only affects whether they CAN, not whether they SHOULD.

Mark Harrison

The Association probably could have left you to your own insurance--since the damage is to your unit--but it has proceeded as if they are liable by submitting a claim to theirs. As a matter of first impression then, their insurance, their deductible, they pay. The wrinkle of course, is if their insurer actually agrees that it is liable and actually pays benefits. It's very possible their insurer might refuse to pay benefits arguing that they insured against damage, which occurred in your unit and not in the insured common element. It may not be over yet.This answer is not a substitute for professional legal advice....

John Paul Nelson Gill

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